| JavaTM Media Framework (JMF) 2.1.x |
| Binary Code License Agreement |
| |
| READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY |
| "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE |
| MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE |
| ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT |
| THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE |
| UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED |
| ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. |
| |
| 1. License to Use. Sun Microsystems, Inc. ("Sun") grants you a non-exclusive and |
| non-transferable license for the internal use only of the accompanying software and |
| documentation and any error corrections provided by Sun (collectively "Software"), by the |
| number of users and the class of computer hardware for which the corresponding fee has been |
| paid. |
| |
| 2. Restrictions. Software is confidential and copyrighted. Title to Software and all |
| associated intellectual property rights is retained by Sun and/or its licensors. Except as |
| specifically authorized in any Supplemental License Terms, you may not make copies of |
| Software, other than a single copy of Software for archival purposes. Unless enforcement is |
| prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. |
| You acknowledge that Software is not designed or intended for use in the design, |
| construction, operation or maintenance of any nuclear facility. Sun disclaims any express or |
| implied warranty of fitness for such uses. No right, title or interest in or to any |
| trademark, service mark, logo or trade name of Sun or its licensors is granted under this |
| Agreement. |
| |
| 3. Limited Warranty. Sun warrants to you that for a period of ninety (90) days from the date |
| of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished |
| (if any) will be free of defects in materials and workmanship under normal use. Except for |
| the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire |
| liability under this limited warranty will be at Sun's option to replace Software media or |
| refund the fee paid for Software. |
| |
| 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED |
| CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF |
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT |
| TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. |
| |
| 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS |
| LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, |
| CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF |
| LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN |
| HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to |
| you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid |
| by you for Software under this Agreement. The foregoing limitations will apply even if the |
| above stated warranty fails of its essential purpose. |
| |
| 6. Termination. This Agreement is effective until terminated. You may terminate this |
| Agreement at any time by destroying all copies of Software. This Agreement will terminate |
| immediately without notice from Sun if you fail to comply with any provision of this |
| Agreement. Upon Termination, you must destroy all copies of Software. |
| |
| 7. Export Regulations. All Software and technical data delivered under this Agreement are |
| subject to US export control laws and may be subject to export or import regulations in |
| other countries. You agree to comply strictly with all such laws and regulations and |
| acknowledge that you have the responsibility to obtain such licenses to export, re-export, |
| or import as may be required after delivery to you. |
| |
| 8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the |
| U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), |
| then the Government's rights in Software and accompanying documentation will be only as set |
| forth in this Agreement; this is in accordance with 48 C.F.R. 227.7202-4 (for Department of |
| Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). |
| |
| 9. Governing Law. Any action related to this Agreement will be governed by California law |
| and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. |
| |
| 10. Severability. If any provision of this Agreement is held to be unenforceable, this |
| Agreement will remain in effect with the provision omitted, unless omission would frustrate |
| the intent of the parties, in which case this Agreement will immediately terminate. |
| |
| 11. Integration. This Agreement is the entire agreement between you and Sun relating to its |
| subject matter. It supersedes all prior or contemporaneous oral or written communications, |
| proposals, representations and warranties and prevails over any conflicting or additional |
| terms of any quote, order, acknowledgment, or other communication between the parties |
| relating to its subject matter during the term of this Agreement. No modification of this |
| Agreement will be binding, unless in writing and signed by an authorized representative of |
| each party. |
| |
| JavaTM Media Framework (JMF) 2.1.x |
| Supplemental License Terms |
| |
| These supplemental license terms ("Supplemental Terms") add to or modify the terms of the |
| Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined |
| in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement. |
| These Supplemental Terms shall supersede any inconsistent or conflicting terms in the |
| Agreement, or in any license contained within the Software. |
| |
| 1. Software Internal Use and Development License Grant. Subject to the terms and conditions |
| of this Agreement, including, but not limited to Section 3 (Java Technology Restrictions) of |
| these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license |
| to reproduce internally and use internally the binary form of the Software, complete and |
| unmodified, for the sole purpose of designing, developing and testing your Java applets and |
| applications ("Programs"). |
| |
| 2. License to Distribute Software. In addition to the license granted in Section 1 (Software |
| Internal Use and Development License Grant) of these Supplemental Terms, subject to the |
| terms and conditions of this Agreement, including but not limited to, Section 3 (Java |
| Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, |
| non-transferable, limited license to reproduce and distribute the Software in binary code |
| form only, provided that you: (i) distribute the Software complete and unmodified, except |
| that you may omit those files specifically identified as"optional" in the Software "README" |
| file, which include samples, documents, and bin files, or that are removable by using the |
| Software customizer tool provided, only as part of and for the sole purpose of running your |
| Program into which the Software is incorporated; (ii) do not distribute additional software |
| intended to replace any components of the Software; (iii) do not remove or alter any |
| proprietary legends or notices contained in the Software; (iv) only distribute the Software |
| subject to a license agreement that protects Sun's interests consistent with the terms |
| contained in this Agreement; and (v) agree to defend and indemnify Sun and its licensors |
| from and against any damages, costs, liabilities, settlement amounts or expenses, including |
| attorneys' fees, incurred in connection with any claim, lawsuit or action by any third party |
| that arises or results from the use or distribution of any and all Programs or Software. |
| |
| 3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", |
| identified as classes contained within the "java" package or any subpackages of the "java" |
| package), by creating additional classes within the JPI or otherwise causing the addition to |
| or modification of the classes in the JPI. In the event that you create an additional class |
| and associated API's, which: (i) extends the functionality of the Java platform, and (ii) is |
| exposed to third party software developers for the purpose of developing additional software |
| which invokes such additional API, you must promptly publish broadly an accurate |
| specification for such API for free use by all developers. You may not create, or authorize |
| your licensees to create additional classes, interfaces, packages or subpackages that are in |
| any way identified as "java", "javax", "sun" or similar convention as specified by Sun in |
| any class file naming convention designation. |
| |
| 4. Java Runtime Availability. Refer to the appropriate version of the Java Runtime |
| Environment binary code license (currently located at |
| http://www.java.sun.com/jdk/index.html) for the availability of runtime code which may be |
| distributed with Java applets and applications. |
| |
| 5. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the |
| SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, |
| SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET-related trademarks, service |
| marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the |
| Sun Trademark and Logo Usage Requirements currently located at |
| http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's |
| benefit. |
| |
| 6. Source Code. Software may contain source code that is provided solely for reference |
| purposes pursuant to the terms of this Agreement. Source code may not be redistributed |
| unless expressly provided for in this Agreement. |
| |
| 7. Termination for Infringement. Either party may terminate this Agreement immediately |
| should any Software become, or in either party's opinion be likely to become, the subject of |
| a claim of infringement of any intellectual property right. |
| |
| For inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, |
| California 95054. |
| |
| LFI# 129621/Form ID#011801 |